PJC General Negligence 2024

PJC 23.8

W ORKERS ’ C OMPENSATION —D ISABILITY , MMI & I MPAIRMENT

porary income benefits.” Rodriguez v. Service Lloyds Insurance Co. , 997 S.W.2d 248, 254 (Tex. 1999); see also Fireman’s Fund Insurance Co. v. Weeks , 259 S.W.3d 335, 343 (Tex. App.—El Paso 2008, pet. denied) (observing that DWC has noted that “con cepts of MMI and IR are somewhat inextricably intertwined, and an IR cannot be assessed until MMI is reached”). DWC Rule 131.1(b)(2) states, “MMI must be certi fied before an impairment rating is assigned and the impairment rating must be assigned for the injured employee’s condition on the date of MMI.” DWC Rule 131.1(c)(3) states, “Assignment of an impairment rating for the current compensable injury shall be based on the injured employee’s condition on the MMI date considering the medical record and the certifying examination.”

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